CHARLES A. PORTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the appellant's arguments on appeal were without merit and affirmed the lower court's decision.
The defendant was convicted of rape and sentenced to 30 years. His prior motion to vacate the judgment was denied and affirmed on appeal. He filed a s…
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The appellant, Charles A. Porter, appeals from an order denying a second motion to vacate and set aside judgment, conviction and sentence under Criminal Procedure Rule No. 1, F.S.A. ch. 924 Appendix, rendered April 28, 1967.
The defendant Porter was found guilty of rape, but the jury’s verdict recommended mercy. The lower court sentenced the defendant to 30 years confinement in the State Prison.
On May 12, 1966, the defendant filed a motion to vacate and set aside the judgment, conviction and sentence on the basis that his conviction was improper, illegal and involved an involuntary confession. This motion was denied.
Subsequently the order was appealed to this court and we affirmed. See Porter v. State, Fla.App.1967, 196 So.2d 455.
The appellant sets out the following points on appeal:
1. Was it error for all of the jurymen to be white in the trial of a Negro defendant charged with raping a white woman ?
2. Did the court err in allowing a juryman to remain on the jury who subsequent to the voir dire examination realized that he was casually acquainted with the alleged rape victim, by virtue of his employment wherein he serviced the refrigeration equipment where she was employed ?
*743. Did the police have probable cause to arrest the defendant and was the evidence obtained as an incidence of this arrest admissible to establish the defendant’s prior whereabouts?
4. Were any of the defendant’s constitutional rights violated by the police’s requiring him to participate in an identification lineup?
5. Were any of the defendant’s rights violated by the police’s removal of his clothing for future use as evidence without informing him of this purpose?
After a careful review of the record we find the arguments raised by appellant on this appeal to be without merit.
We find no error in these proceedings and affirm the decision of the court below.
Affirmed.
HOBSON and MANN, JJ., concur.
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Citator
Cited By
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Duncan Reliford v. State, 241 So. 2d 871 (Fla. 2d DCA 1970)…The total lack of supporting allegations of fact as to the asserted exclusion of Negroes on juries, either trial juries or grand juries, is pointed up with emphasis in the light of this 2nd District Court’s opinion in Porter v. State, Fla.App.1968, 214 So. 2d 73, wherein we held it was not error “for all of the jurymen to be white in the trial of a Negro defendant charged with raping a white woman.” See also State v. Lewis, 1943, 152 Fla. 178, 11 So. 2d 337. (2) Out-of-Court Identification in Absence of Co…
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Nicholas v. State, 47 So. 3d 297 (Fla. 2d DCA 2010)…eld that the trial court did not commit error in allowing a juror to remain on the jury panel when the juror realized after voir dire examination that he was acquainted with the victim of a rape for which the defendant was on trial. Porter v. State, 214 So. 2d 73, 73-74 (Fla. 2d DCA 1968). The juror’s employment required him to service the refrigeration equipment where the victim was employed. Id. This court’s opinion suggests that the information was not material because the juror’s acquaintance -with the v…
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Brown v. State, 230 So. 2d 177 (Fla. 2d DCA 1970)…. State, supra; Casso v. State, supra; Bozeman v. State, Fla.App.1958, 102 So. 2d 648. We hold that the trial Judge was correct in denying the objections to admission, into evidence of Jesse Brown’s clothing. See also Porter v. State, Fla.App.1968, 214 So. 2d 73. The judgment appealed from is affirmed. LILES, Acting C. J., and PIERCE and MANN, JJ., concur.…
Authorities Cited
- Vile v. State, 196 So. 2d 455 (Fla. 1st DCA 1967)